Anti-cuba Law Earns A Rebuke

South Floridians should cheer the news that a federal judge has delivered a stinging, well-deserved rebuke to shortsighted Miami-Dade County commissioners.

He temporarily blocked them from enforcing what he called an "offensive" 1996 county ordinance, pending a final ruling on its dubious constitutionality.

The ordinance wrongly requires anyone applying for a county government contract or grant to sign an affidavit. In it, they must swear under oath they have not done business with the Cuban government, Cuban products or a Cuban resident, or even done business with another agency that engages in such conduct.

The ordinance has already cost the county millions of dollars of lost economic benefits.

It has driven away highly respected artists, musicians and events, like the Midem international music festival, the Latin Grammy music awards show, the 1999 Junior Pan Am Games and the 2007 Pan Am Games.

It has fueled justified criticism of a Cuban-American majority on the County Commission as irresponsibly writing a county foreign policy.

It has offended people who support the First Amendment, as a blatant attempt at artistic censorship.

And it has damaged the county's image around the country and the world.

In his ruling, U.S. District Judge Federico Moreno of Miami said there was a "substantial likelihood" that the so-called "Cuba Affidavit" requirement will be found unconstitutional.

He cited violations of the Constitution's grant of exclusive foreign affairs power and foreign trade power to the U.S. government.

The judge said he was also troubled by, but did not rule on, other claims by the plaintiffs. They also argued that the affidavit violates First Amendment protection of free speech and free association, and the equal protection clause of the 14th Amendment, which it clearly does.

News of the judge's ruling brought cheers from the American Civil Liberties Union and a coalition of five cultural groups that sued the county to overturn the ordinance. The groups sponsor artistic, musical, balletic, cinematic and other events and want to apply for county International Cultural Exchange grants to support their events. While agencies now won't have to sign the affidavit, the judge did not order the county to grant any of their funding requests.

Judge Moreno said the intent of the ordinance was clearly to punish Cuba for totalitarian acts, by discouraging trade with Cuba, and thus was "outside the scope of the county's power."

The judge made two other key comments:

One, the ordinance also significantly exceeds the scope of the United States' current embargo on Cuba, which provides a logical exception for cultural exchanges as well as humanitarian assistance.

Two, in dealing with Cuba, it is of paramount importance that the U.S. government speak for all Americans and pre-empt any state or local foreign policies.

Judge Moreno has brought a voice of reason, common sense, respect for the Constitution and restraint to a controversy where such qualities have been sadly lacking.